Ask Korea Law

Published by Chung & Partners

Korean Copyright Law on Playing Copyrighted Music in Public or Private Business – Starbucks Korea Case

5 Comments

A while ago, I posted an article, titled “Starbucks Korea Sued for Music Copyright Infringement“.  Under Copyright Act of Korea, “it is permitted to play any commercial phonograms or cinematographic works in public if no benefit in turn for the relevant public performance is received from the audience or spectators”.  However this shall not be applied to all the business place.  The Copyright Act does not apply this clause to certain areas of business, such as department stores, shopping malls, airplanes, golf courses and “any places of business regulated under Food Sanitation Act(FSA) where a part of its main contents of business is the appreciation of musical or cinematographic works, being equipped with special facilities to appreciate the musical or cinematographic works”.

The Starbucks coffee shop is regulated under FSA.  The party alleging copyright infringement is arguing “‘appreciation of musical works’ is a part of main business of Starbucks Korea”, but the Starbucks Korea contended “It is Not”.  This is a short brief of this lawsuit.

If you have any question about Korean law related issues, please visit our Legal Consultation center or send your inquiry email to Mr. Wonil Chung by clicking here.

© 2008 Wonil Chung, a Korean Entertainment Lawyer/Chung & Partners, a Korean Entertainment Law Firm.  All rights reserved. Some copyrights, photos, icons, trademarks, trade dress, or other commercial symbols that appear on this post are the property of the respective owners.

Author: chungwi

Korean Licensed Lawyer

5 thoughts on “Korean Copyright Law on Playing Copyrighted Music in Public or Private Business – Starbucks Korea Case

  1. Is it ok then to do YouTube covers?

  2. Burning a cd for a personal & private, non-commercial, use does not constitute a copyright infringement. So-called “fair use” doctrine is being recognized in the Korean Copyright Act.

  3. My question has nothing to do with Starbucks or playing copyrighted music in public, I got a bunch of burned Korean music from a friend and liking to obey the law I am just curious what the laws are for sharing copyrighted music through burned cds, NOT ONLINE.

  4. Hello Jeffrey. The Korean Copyright Act says it as such.

  5. In your article concerning the Starbucks Korea case, can you please let me know your authority for saying that “this shall not be applied to all the business place. The Copyright Act does not apply this clause to certian areas of business, such as department stores, shopping malls,…”

    thank you,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s